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Wetlands Regulation In An Era Of Climate Change: Can Section 404 Meet The Challenge?, Alyson Flournoy, Allison Fischman
Wetlands Regulation In An Era Of Climate Change: Can Section 404 Meet The Challenge?, Alyson Flournoy, Allison Fischman
Alyson Flournoy
This Article raises the question of how we should assess the potential threat to wetlands posed by the impacts of a changing climate and considers the role that section 404 of the Clean Water Act can play both in assessing and responding to that threat. Our inquiry is two-fold. First, should we be concerned about climate impacts on wetlands? And if so, how can section 404 help us to assess and respond to this threat? Part I surveys the scientific literature on the projected impacts of climate change of particular relevance to wetlands and the impacts anticipated for particular types …
Harnessing The Power Of Information To Protect Our Public Natural Resource Legacy, Alyson Flournoy, Heather Halter, Christina Storz
Harnessing The Power Of Information To Protect Our Public Natural Resource Legacy, Alyson Flournoy, Heather Halter, Christina Storz
Alyson Flournoy
In practice, our laws have proven unequal to the lofty objectives of preserving a legacy of public natural resources for our children or achieving sustainable use of these resources. There are many factors that contribute to this shortfall, but inherent inadequacies in the design of these statutes cannot be overlooked as an important determinant. Despite the statutes' broadly stated aspirations toward sustainability and protection of the interests of future generations, only a handful of these statutes include strong and enforceable mandates for sustainable resource use. Many of these statutes accord natural resource-management agencies broad discretion to balance and permit a …
Building An Environmental Ethic From The Ground Up, Alyson Flournoy
Building An Environmental Ethic From The Ground Up, Alyson Flournoy
Alyson Flournoy
Over the last twenty years there has been a remarkable theoretical flourishing in the field of environmental philosophy, with the development of biocentric ethics, animal rights theories, deep ecology, ecofeminism, modified utilitarianism, moral pluralism and theories drawing on numerous religious and cultural traditions. These theories explore the intellectual and moral causes for the environmentally destructive practices of the dominant western industrial and economic culture, and propose alternatives that might avoid these consequences. This symposium raises a worthy question: to what extent have these theories had practical impact on environmental law and policy. I come to this question as a lawyer …